AYO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 757

AYO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 757

Leave to appeal was refused because neither proposed ground had sufficient prospects of success. The Authority had considered and rejected the applicant's claim that he departed Bangladesh unlawfully without a passport and faced harm as a returning or failed asylum seeker, and the applicant had not made a distinct claim that lack of a passport would create difficulty returning to Bangladesh. The second ground also lacked sufficient prospects because the Authority had considered and rejected the underlying proposition that the applicant was at risk from the Awami League, which was the foundation for the alleged risk to his family.

Jurisdiction
Australia
Judgment Date
01 July 2022
Procedural Posture
Application for Leave to Appeal From the Federal Circuit Court of Australia in a Migration Matter / Leave to Appeal
Outcome
The application for leave to appeal was dismissed, with the applicant ordered to pay the first respondent's costs to be fixed as a lump sum.
Legal Topics
['safe Haven Enterprise Visa' 'protection Visa' 'immigration Assessment Authority' 'judicial Review' 'leave to Appeal' 'show Cause Hearing' 'failed Asylum Seeker' 'unlawful Departure From Bangladesh']
['migration' 'administrative Law'] ['safe Haven Enterprise Visa' 'protection Visa' 'immigration Assessment Authority' 'judicial Review' 'leave to Appeal' 'show Cause Hearing' 'failed Asylum Seeker' 'unlawful Departure From Bangladesh']

Case Brief

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Procedural Posture

Application for Leave to Appeal From the Federal Circuit Court of Australia in a Migration Matter / Leave to Appeal

Legal Issues

  1. 1 ["Whether the applicant should be granted leave to appeal from the Federal Circuit Court's dismissal of his judicial review application at a show cause hearing." 'Whether the Immigration Assessment Authority arguably erred by making unsupported factual assumptions or by failing to address the circumstances in which an undocumented person could be returned to Bangladesh.' "Whether the Immigration Assessment Authority arguably failed to deal with an integer of the applicant's claims concerning danger and harassment to his family by the Awami League if he returned to Bangladesh." "Whether the primary judge's method of giving oral reasons without settled written reasons gave rise to any issue in the application."]

Ratio Decidendi

Leave to appeal was refused because neither proposed ground had sufficient prospects of success. The Authority had considered and rejected the applicant's claim that he departed Bangladesh unlawfully without a passport and faced harm as a returning or failed asylum seeker, and the applicant had not made a distinct claim that lack of a passport would create difficulty returning to Bangladesh. The second ground also lacked sufficient prospects because the Authority had considered and rejected the underlying proposition that the applicant was at risk from the Awami League, which was the foundation for the alleged risk to his family.

Court Disposition

The application for leave to appeal was dismissed, with the applicant ordered to pay the first respondent's costs to be fixed as a lump sum.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs of the application, to be fixed by way of a lump sum." "Within 14 days, the parties file any agreed proposed minute of orders fixing a lump sum in relation to the first respondent's costs." "In the absence of any...